Minutes Zoning Advisory 8 7 03PRESENT:
ABSENT:
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Thursday, August 7, 2003
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
I]P FT
Chairperson Eugene Bird, Jr.; Commissioners Jeff Stiles, Ron Smith, Steve
Hardie, Dick Schlitz and Ben Roush; Staff Members Laura Carstens, Kyle
Kritz and Guy Hemenway.
Commissioner Martha Christ.
CALL TO ORDER: The meeting was called to order at 6:30 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance veri~ing that
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the July 2, 2003 meeting were approved unanimously as
submitted.
ACTION ITEM~REQI.IEST FOR INPUT ON JOINT CITY/COUNTY PLANNING
AGREEMENT: Mary Lynn Neumeister, Chair of the Joint City/County Planning Committee
and member of the Long Range Planning Advisory Commission, outlined the joint planning
process undertaken with Dubuque County for development of property within the fringe
area. She stated that the City and County have formulated a 28E Agreement for
development in the fringe area. She stated a number of entities, including small
municipalities, the City Council and the County Board of Supervisors were represented
throughout the planning process. She discussed the County's Comprehensive Planning
process, smart growth, and agricultural land preservation.
Commissioner Hardie questioned a number of the provisions in the joint City/County
agreement, stating that some of the language is weak or ambiguous. He recommended
that words such as 'may" be replaced with words such as "shall" or ~will." He stated that
there should be established criteria for some of the requirements set forth in the planning
agreement.
Mary Lynn Neumeister noted the provisions with the words ~may" and stated that the
subcommittee will review these previsions. She said that the Joint City/County Planning
agreement represented a compromise. She stated that the document represented a first
step in joint planning in the fringe area. She said that the hope was that the document
would lead to further cooperation between the City and County, increase public awareness
and education, and evolve into a stronger document.
Minu~s- Zoning Advisory Commission
August7,2003
Page 2
Commissioner Smith asked what the next step in the process was. Commissioners agreed
to receive and file the document.
Commission Schlitz stated that these restrictions may make it more difficult to develop in
the County. He stated that Dubuque is losing new development and housing growth to
Asbury and the surrounding communities. Commissioner Smith said that the language in
the document is too ambiguous. Commissioner Roush agreed, stating that the developers
need consistency and clear guidance. Commissioner Stiles said that, although the
document raises many questions, he feels that it can be a great development tool for the
community.
Motion by Hardie, seconded by Smith, to receive and file the document with
recommendations to go on to the Joint City/County Planning Committee. Motion was
carried by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay -
None.
ACTION ITEM~PRELIMINARY PLA'I'~IC~MER: Application of Marty McNamer for
approval of the preliminary plat of Harvest Estates Phase 2 located at 4100 Asbury Road.
Dave Frommelt stated that he represents Marty McNamer and Harvest Development
Group. He said that he would entertain any questions that the Commission may have.
Staff Member Kritz said that this is a preliminary plat, and is a follow-up to the rezoning
approved by the Commission in June. He said that this plat modifies the northern portion
of the development along the Northwest Arterial to accommodate an assisted living/elderly
care facility. He stated that this development would buffer existing residential development
from the Northwest Arterial.
Motion by Schlitz, seconded by Hardie, to approve the preliminary plat of Harvest Estates
Phase 2 as submitted. Motion was carried by the following vote: Aye - Smith, Hardie,
Stiles, Schlitz, Roush and Bird; Nay - None.
PUBLIC HEARING~REZONING~CALLAHAN: Application of Joel Callahan to rezone
property located along the east and west sides of Seippel Road from County R-2 Single-
Family Residential District to City R-2 Two-Family Residential Distdct and CS Commercial
Service & Wholesale District, in conjunction with annexation.
Commissioners decided to review the preliminary plat and the rezoning
simultaneously.
Joel Callahan stated that the Zoning Advisory Commission has previously seen the plat
and that his intention is to create affordable housing in the community. He stated that
there will be some commercial development on the south half of the property. He stated
Minutes - Zoning Advisory Commission
August 7, 2003
Page 3
that he will utilize some of the Dubuque Industrial Center West's covenants to guide
development in the commercial portion of his property.
Maurine Harris, 13503 Seippel Road, spoke in opposition to the request. She said that the
grading may disrupt the Catfish Creek drainage and increase flooding. She said traffic is a
major concern at this location and road conditions are substandard. She stated that
annexation of her property is likely because it is an island. She said that she would like
additional time to discuss the proposal with her neighbors. She stated she is concerned
with the density of residential development in this area.
Staff Member Kritz discussed the reduction of what was initially residential lot area to
accommodate a wetland, a portion of which will be a City park. He said that storm water
would flow into four detention areas. He said that the storm water conveyance would be
compliant with City standards. He discussed the permitted uses in CS and R-2 districts, lot
size and access, and City water and sewer for the site.
Commissioner Schlitz asked if commercial service zoning allows a contractor shop and
yard. He asked about the existing covenants for the Dubuque Industrial Center West
regarding outdoor storage. Mr. Callahan stated that he is considering adopting the City's
industrial park covenants as part of his annexation agreement.
Commissioners asked about the park and the wetlands area. Staff Member Kritz said that
some portions are level and can accommodate park area. Chairperson Bird discussed the
phasing of the development, including the park schedule. Commissioners felt it is
important that the park be developed in conjunction with the residential development.
Staff Member Kdtz discussed the zoning history of the property and the reconfiguration of
streets and lots. Commissioner Schlitz said he feels the development is appropriate.
Commissioner Stiles said that the issues regarding development of this property were
settled a year ago. Commissioner Schlitz said that he feels it is important that covenants
be made a permanent part of the rezoning. Commissioner Hardie asked if the rezoning
could be approved subject to adopting the same covenants as the City's industrial park.
Staff Member Kritz said there would be covenants required as part of the annexation.
Commissioners discussed covenants. Staff Member Carstens discussed the covenant
process and stated that Mr. Callahan has met with the City Manager, who will recommend
to the City Council that screening be required. Commissioners discussed the proposal to
require covenants and decided not to require them as a condition of the rezoning.
Motion by Smith, seconded by Roush, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay
- None.
ACTION ITEI~PRELIMINARY PLATtCALLAHAN: Application of Joel Callahanfor
approval of the preliminary plat of Westbrook Subdivision located along Seippel Road in
Dubuque County.
Minutes- Zoning^dvisory Commission
AugustT, 2003
Page 4
Commissioner Schlitz asked about the wetland boundary and Mr. Callahan stated that it is
located well outside of the residential area.
Motion by Hardie, seconded by Roush, to approve the preliminary plat of Westbrook
Subdivision located in Dubuque County as submitted. Motion was approved by the
following vote: Aye - Smith, Hardie, Stiles, Schiitz, Roush and Bird; Nay - None.
ACTION ITEM~FINAL PLAT~GANTZ: Application of Jim Gantz for approval of the final
plat of Lots 1-3, Inclusive, of Forest 'Grange Subdivision #2 located on John F. Kennedy
Road.
Jim Gantz discussed the plat configuration, including the lot layout and street patterns. He
stated that each lot would have individual water and sewer. He stated that Lot 3 would be
divided into six one-acre lots in the future. Staff Member Kritz outlined the staff report,
recommending approval of the final plat stating that it is in substantial compliance with
City standards.
Motion by Smith, seconded by Stiles, to approve the final plat of Lots 1-3, inclusive, of
Forest Grange Subdivision #2, subject to waiving Article IV, Design and Improvement
Standards, except for Section 42-19(b), Lots and Blocks. Motion was approved by the
following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay - None.
PUBLIC HEARING~REZONING~KIVLAHAN FARMS LLC: Application of Kivlahan Farms
LLC to rezone property located at the intersection of W. 32"d Street and J. F. Kennedy
Road from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood
Shopping Center District.
Dave Frommelt stated he represents Kivlahan Farms, LLC. He reviewed with the
Commission the proposed rezoning, noting that the C-2 zoning is consistent with
surrounding zoning.
Staff Member Hemenway discussed the size and shape of the subject parcel, noting that it
would be difficult to develop for residential purposes. He discussed adjacent zoning and
land use. Commissioners felt that the request represented a logical expansion of the C-2
district.
Motion by Stiles, seconded by Smith, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay
- None.
PUBLIC HEARING\TEXT AMENDMENT: Application of Tim McNamaraNVilmac Property
Co. for approval of a text amendment to allow residential use as a conditional use in an HI
Heavy Industrial District.
Minu~s-Zoning Adviso~ Commission
August7,2003
Page 5
Tim McNamara, 700 Sunset Ridge, reviewed the proposed text amendment with the
Commission. He noted that current industrial zoning does not allow full utilization of older
industrial properties, especially those that are vacant in what he termed the "red brick"
district. He stated that residential use would be an appropriate re-use ofthese properties
subject to review of a conditional use permit by Zoning Board of Adjustment.
Staff Member Hemenway reviewed the text amendment, stating that this amendment may
help foster development of underutilized buildings. He noted that the conditional use
process would help ensure that the individual requests are appropriate. He stated that the
criteria established for a conditional use prohibit industrial use within the building, require
a minimum of 650 square feet for each unit, and require one off-street parking space be
provided for each unit.
Commissioners reviewed the public notification and conditional use process.
Commissioners felt that the proposed text amendment is appropriate.
Motion by Hardie, seconded by Smith, to approve the text amendment as submitted.
Motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schiltz, Roush
and Bird; Nay - None.
PUBLIC HEARING~TEXT AMENDMENT: Application of the City of Dubuque for approval
of a text amendment to amend Section 4-4.2(B); Application and Scope of Site Plan
Reivew and Approval.
Staff Member Kritz discussed storm water detention issues. He said that the site plan
standards have no clear provisions that require storm water detention pdor issuance of
occupancy permits. Commissioner Smith said that he felt that these kind of requirements
could be in place prior to grading. Staff Member Kritz said that this requirement may be
part of the drainage, grading and erosion control ordinance. Commissioner Stiles noted a
minor text change.
Staff Member Kritz said that this requirement is for commercial and multi-family
development only. Commissioners agreed this requirement is appropriate.
Motion by Smith, seconded by Roush, to approve the rezoning as submitted. Motion was
approved by the following vote: Aye- Smith, Hardie, Stiles, Schlitz, Roush and Bird; Nay
- None.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
Kyle L. Kdtz, Associate Planner Adopted